Matter of Wiley v Dawson
Motion No: 2008-03834
Slip Opinion No: 2008 NYSlipOp 73160(U)
Decided on May 28, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71038

E/cb

STEVEN W. FISHER, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-03834, 2005-06870, 2006-06389,

2006-06390, 2006-06391

In the Matter of Susan Wiley, respondent,

v Roger Dawson, appellant.

(Index No. F-3872-03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of two orders of the Family Court, Kings County, dated May 26, 2006, and May 30, 2006, respectively, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an order of a Support Magistrate until after objections are filed and reviewed by a Judge of the Family Court (see Family Ct Act § 439[e]) and on the ground the appeals are duplicative of appeals that were dismissed by a decision and order on motion of this court dated August 8, 2006, under Appellate Division Docket Nos. 2006-06389 and 2006-06390; and it is further,

ORDERED that the motion is denied as academic.

FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court